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Child Time Sharing (Child Custody)

After October 1, 2008, all cases with children must have a parenting plan in adequate and detailed form. This written plan clearly states how the parents will share responsibility of the child(ren) and specific times the child(ren) will spend with each parent. The plan will also designate the parent who is responsible for health care, academic decisions, and information pertaining to holiday schedules. In determining the time sharing schedule, the primary concern of the Court will be what is in the best interest of the child(ren). Florida Statutes 61.13 provides the determination of best interest shall be made by evaluating all of the factors affecting the welfare and interest of the particular minor child(ren) and the circumstances of that family including but not limited to;

  • The capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time sharing schedule and to be reasonable when changes are required.
  • The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
  • The capacity and disposition of each parent to determine, consider and act upon the needs of the child as opposed to the needs or desires of the parent.
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
  • The geographic viability of the parenting plan with special attention paid to the needs of the school-age children and the amount of time to be spend traveling to effectuate the parenting plan.
  • The moral fitness of the parent.
  • The mental and physical health of the parents.
  • The home, school and community records of the child.
  • The reasonable preference of the child if the Court deems the child to of sufficient intelligence, understanding and experience to express a preference.
  • The demonstrated knowledge, capacity and disposition of each parent to provide a consistent routine for the child, such as discipline and daily schedules for homework, meals and bed times.
  • The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
  • Evidence of domestic violence, sexual violence, child abuse, child abandonment or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
  • Evidence that either parent has knowingly provided false information to the Court regarding any prior or pending action regarding domestic violence, sexual violence, child abandonment or child neglect.
  • The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
  • The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
  • The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child and refraining from disparaging comments about the other parent to the child.
  • The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
  • Any other factor that is relevant to the determination of a specific parenting plan including the time sharing schedule.

When a party does not honor the parenting plan there are sanctions that the court may impose.

Nancy McRoberts Parham, P.A.

210 N. Pierce St.
Tampa, FL 33602
Phone: (813) 228-0219
Fax: (813) 229-2439

Advocate For You

Nancy McRoberts Parham, P.A. serves clients in Tampa Bay in all aspects of Family Law. Armed with a Masters Degree in Marriage and Family Therapy, Mediation Training, and Years of Experience, she aggressively advocates for her client's rights.